pL£-=aoj iac==30i=ji 

SHALL  the  'Old  Capitol"  be 
Preserved  and  Its  Splendid 
History,  Tradition,  Legend  and 


Story  Perpetuated? 


IOC 


did 

ind 

t 
=0J 


IN  SUPPORT  OF 


Hou»e  bill  No.  348 
Senate  BUI  No.   42 


LIB  R.ARY 

of  the 

U  N  I  VE.RSITY 

OF    ILLINOIS 

977.3797 
FZ9s 

fQiC  HISTORICAI SDRYIY 


% 


t'\ll^,UI,t4*tti,t>'ht'U'*t',U'^0'U'*ir\t^,lHi'*,i,\t'Ui'\i"ti'  '*tl'*t'Ui,U,Ut,U'^ii,U'^tl'U>''it'u,*tit\t',*t,''i ti*'i»,t<»»',U"ti,t.'»il'tt't.l'ijM,l"u'l.(«w,t»l,i|i|.)«t(»l,H(»"l.l»i.' 


PROCEEDINGS  OF  THE  BAR  ASSOCIATION. 


At  the  Court  House  of  Fayette  County,  111.,  March  6, 1913. 
v  ND  now  on  this  day,  it  being  one  of  the  Judicial  days  of  the  February 


term  of  the  Circuit  Court  of  Fayette  County,  Illinois,  The  Hon.  Albert 
%y  M.  Rose,  one  of  the  Judges  of  this  the  Fourth  Judicial  District,  pre- 
siding, His  Honor  ordered  that  the  Court  take  a  recess  for  the  following 
reason,  "That  a  special  meeting  of  the  Bar  of  this  county  might  be  had." 

Thereupon  the  Bar  of  this  county  was  called  to  order  by  John  A. 
Bingham,  Esq.,  who  in  a  few  brief  words  stated  the  object  of  the  meeting. 
It  was  moved  by  J.  M.  Albert,  Esq.,  and  duly  seconded,  that  John  A.  Bing- 
ham, Esq.  be  elected  permanent  chairman,  and  the  motion  being  put  it  was 
carried  unanimously. 


G.  T.  Turner,  Esq.  moved,  and  it  was  duly  seconded,  that  W.  H. 
West  be  elected  secretary  of  this  meeting,  and  the  motion  being  put  it  was 
declared  carried. 

The  object  of  the  meeting  having  then  been  more  definitely  explained, 
and  generally  discussed  by  the  members  of  the  Bar  present,  it  being  for  the 
purpose  of  devising  ways  and  means,  working  in  harmony  and  conjunction 
with  the  representatives  of  the  people,  "The  Board  of  Supervisors"  and  the 
"Members  of  the  Legislature"  from  this  district,  and  through  them  the 
members  of  the  other  districts  in  the  State,  for  the  disposition  of  the  present 
court  house. 

It  was  moved  and  duly  seconded  that  the  following  members  of  the 
Bar  be  appointed  a  committee  to  wait  on  the  "Board  of  Supervisors"  Mon- 
day, March  10th,  1913,  and  that  the  result  of  the  said  meeting  be  reported 


■•,ft.».t*»,«.C»<"t»,».*,i»*»-' '',(•»,»«,»•«. »«.«'u"i»*t«M,<*». »•»#•». "i.'l.  |«i| W'l,'t,ji(lll,(,l.' "•*<'ljn,Ml,MlHl,t4,nMit,HwM.""l|.H)«Mi,Si>|,"ljit,MHi|inll>u"tlStM,S^ 


? 


l.l»l.M,*<(,»t)Ml,".l,»tM.('l(,»i|C»i"iri|"lt'h,S',l.".('*('S''  'S'**l'hrMtnl|l|tl«,ftunlMbM|(l(tl^(tt<"i.(tiUuN|M)«l(llll|l|,M|«MtMwn.II,(l|,I^Hltl^MMM.t^.M|intM.IM|ll,llt«M|fl(,M>j>|fnl|«|t(l(fM|i 


to  The  Hon.  Arthur  Roe,  member  of  this  Legislature  and  from  this  County, 
in  order  that  he  might  be  able  to  govern  himself  accordingly.  Following 
are  the  members  of  the  Bar  Committee:  John  A.  Bingham,  Esq.,  G.  T.  Tur- 
ner, Esq.,  John  J.  Brown,  Esq.,  B.  W.  Henry,  Esq.,  and  F.  M.  Guinn,  Esq. 

It  was  moved  and  seconded  that  the  Bar  of  Fayette  County  do  now 
adjourn  subject  to  the  call  of  John  A.  Bingham,  Esq.,  chairman  of  this  meet- 
ing. 


Attest:  W.  H.  WEST,  Secretary. 

STATE  OF  ILLINOIS, 


MS. 


County  of  Fayette.    J  i  w.  H.  WEST.  Deputy  Circuit  Clerk,  do  hereby  certify  that  the  foregoing  is  the 

sum  and  substance  of  the  proceedings  of  the  meeting  of  the  Bar  of  Fayette  County,  in   which  I  was  elected 
Secretary  by  the  aforesaid  Bar  to  record  the  minutes  of  said  meeting.  W.  H.  WEST. 

{  Subscribed  and  sworn  to  before  me  this  21st  day  of  April,  A.  D.  1913. 

M.  L.  STAFF, 
/^^jN  Circuit  Clerk  and  Ex-Officio  Recorder. 


*1.  »M.M,I>|. •!,(•,,•>. ♦•,,M.C„M,|tuM,f«l,M,l'„t  «.»«l.  "■''•■".' I'.-'l.".^''!'''.''..'".''!.'!.''!!''.''!/ W1!,/',,'!,!', u'lifn'l,!'!, ,,'« •  '< II '1>l,f<t(M.fS,l|.|l|(N,fN,M,«N.n.«  It". IN.H, 4*1,11,, '*•  »'.l'tl  '»•  Ml  l»< .IN l'«  tl'  li  ",<•!, M  il'ti"  >'*ll"l'*ti"lJ*lt'lti' 


iM.MK'l.Ml,  '»•»«»( 


PROCEEDINGS  OF  THE  BOARD  OF  SUPERVISORS. 

STATE  OF  ILLINOIS,   )  Second  day  of  the  March  Term,  1913, 

County  of  Fayette,       i  SS'  March  11,  1913. 


•^ESOLVED:  By  the  Board  of  Supervisors  of  Fayette  County,  Illinois, 
U\i  that  it  is  the  sense  of  this  Board  that  we  desire  that  the  State  of  Illi- 
&  nois  take  over  the  Court  House  and  Square  at  Vandalia,  in  said 
County,  and  constitute  the  same  a  State  Building,  and  take  the  custody  and 
control  thereof,  and  make  such  appropriation  to  said  County  as  compensa- 
tion for  said  property,  as  may  be  deemed  just  by  the  Legislature  of  said 
State  of  Illinois,  such  as  may  be  agreed  upon  by  this  Board  and  that  the 
Chairman  appoint  a  committee  of  three  members  to  co-operate  with  the 


.»•»■», !«„•» ktfl|fM|Mtf*W< "lti|>M,|ni*<lllI.M,|i|,H,|i|;tiM.(t||M,|i|,M,iit,fl,iit(MlJ>|,Mli<|.M,jlllMl«i|lM,«M.'>l,i|>*l,,M.M||'tlMuf 


■ijH IiMu'Wu »(•«,»•», •tli*iiHiti||Mti*iiMii|ti'*<if"ii"if'iiH|fai(*viilnj«tjMlf«  ni#Ht'1t|IMU|ftbt)t|1'4jflMl|ffVH«nMH«^'^inif^Ur^lfniJl|^^ ,(m,.h,i 

£ 

i 

l 

committee  of  the  Fayette  County  Bar,  looking  to  this  end.  i 

Moved  by  Mr.  Workman,  and  seconded,  that  the  Resolution  be 

adopted.    Motion  carried. 

Chairman  appointed  as  Committee  mentioned  in  "Resolution",  R.  Kel- 

ley,  Adolph  Ambuehl  and  E.  B.  Reeves. 

r 

STATE  OF  ILLINOIS,]  :• 

/SS  * 

County  of  Fayette,    J  i,  GEO.  A.  BROWN,  do  certify  that  I  am  the  County  Clerk  of  the  County  of  Fay- 

ette, in  the  State  of  Illinois,  and  as  such  the  custodian  of  all  papers  and  records  on  file  in  the  office  of  said 
Clerk,  and  that  the  above  and  foregoing  is  a  full,  true  and  perfect  copy  of  a  "Resolution"  adopted  by  the  Board 
of  Supervisors  of  Fayette  County,  and  which  is  now  on  file  in  said  office  and  of  the  record  thereof  as  the  same 
appears  of  record  in  my  said  office. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal  of  the  County  Court  of  said 
Fayette  County  this  21st  day  of  April,  A,  D.  1913. 


[SEAL) 


COUNTY  CLERK.  \ 


PECULIAR  RELATION  OF  FAYETTE  COUNTY. 


■eft-. 


AN  order  to  demonstrate  the  peculiar  relation  that  a  large  section  of  the 

^  State  of  Illinois  sustains  to  the  present  Fayette  County  and  the  old 

Y  State  Capitol  Building,  we  have  caused  to  be  printed  on  the  preceding 

page  an  outline  map  of  the  State  of  Illinois,  upon  the  face  of  which  is  shown 

the  boundary  lines  of  the  original  Fayette  County  established  by  the  Laws 

of  Illinois  of  1821  at  page  164,  a  portion  of  which  reads: 

"February  14,  1821.  All  that  tract  of  unorganized  country 
lying  north  of  a  line  running  east  from  the  southwest  corner 
of  Township  Three  North,  Range  One  West,  commencing  at 
said  southwest  corner  six  miles  west  of  the  Third  Principal 
Meridian,  running  thence  north  51  miles,  thence  east  6  miles 


i«il' l't,M,,t| 


r' '"'' ' ' ' ' ' '"""' .'•'."./•".,.  !.«.,.. ..."„..,..„ , ,«....-.,."„ , , , ,.,., ,.„„ , , 


to  the  Third  Principal  Meridian,  thence  north  on  the  Meridian 
Line  to  the  Illinois  River,  thence  along  the  Illinois  River  to  the 
east  line  of  Range  6,  3  East  of  the  Third  Principal  Meridian, 
thence  south  to  the  southeast  corner  of  Township  Three 
North,  Range  Six  East  of  the  Third  Principal  Meridian,  thence 
west  to  the  place  of  beginning." 


Which  territory  includes  what  is  now  the  following  counties: 
The  northeast  corner  of  Clinton,  all  of  Fayette,  the  east  portion  of  Mont- 
gomery and  Christian,  all  of  Macon,  DeWitt,  nearly  all  of  McLean,  the  east 
half  of  Woodford,  the  east  portion  of  Marshall,  the  south  half  of  LaSalle,  the 
west  half  of  Grundy,  more  than  two-thirds  of  Livingston,  all  of  Piatt,  Moul- 
trie, Shelby,  nearly  all  of  Effingham,  Clay  and  the  north  half  of  Marion 
counties;  eighteen  counties  which  from  1821  until  1827,  constituted  Old 


't.M.Cl.'Vl.M »».< 


'I.m.J'I.'Vi.mk'i.M.M* 


Fayette,  when  Shelby  was  carved  out.  All  of  this  territory  transacted  their 
business  in  the  Court  House,  (or  the  then  capitol  building),  situated  in  Van- 
dalia,  in  the  present  County  of  Fayette,  for  years  after  and  the  records, 
court  proceedings  and  files  of  the  business  transacted  in  the  various  courts 
are  still  to  be  found  in  the  archives  of  the  building  that  is  made  the  subject 
of  the  present  booklet;  thus  the  accumulation  of  valuable  files,  records,  court 
proceedings  and  administration  of  estates  dating  back  ninety-two  years  to 
the  present  date  have  been  carefully  preserved  by  the  Board  of  Commis- 
sioners and  Supervisors,  who  have  represented  Fayette  County  from  that 
day  until  now,  which  together  with  the  accumulation  since  that  time  are 
now  overtaxing  the  capacity  of  the  vaults  and  the  rooms  provided  for  same 
in  said  old  Court  House  or  State  Capitol,  and  we  feel  that  the  patriotic  citi- 
zens of  the  various  portions  of  the  then  unorganized  territory  of  Illinois, 


I 


i'S/'l. "K'W  "wit,"w>|,M,fM,H(|i|,H "ll'U'Sl'MSrM.lttiit.M.iii.MtfM.M.tiM^M.tStM.lluil.f^iMSiM.M.fN/I.M^ 


»M.I«|,M,*«|.'l,(>t»M.»ri 


'»<M,<«l|»VH,M 


i'VWV*»,'V»i"i/M 


liin#>l|fi||flMH«*M«b* 


•t''t<M,f«|«M,(<ljMt# t<  •«,**, tMil 


among  the  most  prosperous  and  occupying  one  of  the  richest  portions  of 
God's  universe,  will  find  it  a  pleasant  duty  to  co-operate  with  those  of  us 
who  stand  between  the  generations  of  the  past  and  the  future,  in  preserving 
not  only  this  old  historic  building  but  the  records  therein  contained,  of 
which  you  are  the  guardians. 


♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦  <i»i>$$+frifr$it0 


'■l,ti'»,('I.M,«i».H,|«i 


MONTGOMERYriw.C  o 


FAYETTE  COUNTY,  ILLINOIS 


c  L  i  n't  o  N  r  i  vv  c  o 


Cti'Vt.'M'i 


l('t|i<itf*„'i.><t('i,f 


THE  TITLE  TO  THE  PARK  AND  CAPITOL  BUILDING. 


■..■■«-".'■(.•',.'.-". 


3 
> 


'c^IRST:  An  Act  of  Congress  approved  March  3,  1819,  authorizing  the 
U    State  of  Illinois  to  select  four  sections  of  land  for  a  seat  of  government 


for  the  State  of  Illinois. 

SECOND:  An  Act  of  the  Legislature  of  the  State  of  Illinois,  approved 
January  27,  1821,  approving  the  selection  of  Sections  8,  9,  16  and  17,  in 
Township  6  North,  Range  One  East  of  the  3rd  Principal  Meridian,  by  the 
Commissioners  before  appointed  by  the  State  to  make  selection  of  a  suitable 
place  for  the  seat  of  government  for  the  State  of  Illinois,  for  a  period  of  20 
years. 

THIRD:  An  Act  of  Congress  approved  March  2,  1821,  wherein  the 


t 


"»^,(•»^"l<•»^»,t(*^»»,>^,>^"^<*'^'*>', '•".<•«.' '*,l'\,',trt,'<ti'\,>*tl,\,',%l,*t  |l| 


I.M,|t|,ft,«l|,lt,L< M„ |1„l,t» ,,„„ <•!,'«,, .,,!., ,.,,»«,, .,,(*.,',/, M,,'l.» t «>I,M,|I|,M ",,.»,,,,,-, ,M1(.1,M,(.i,Ml(.t,Ml,F 


'''•"•' I'H'I.P'll'I.M.lM. I,.', .•V„M •\.f>,-<,l;,'Wi, I'l.M.rii'Vl.M,,.,.,,.,,,,,,.,,,!,, I'l.'VU'Vl I >,«„•! „"„ HVllW > I I ,.'.„.„.,.,.„.,„.„., ,„.„, 

•: 

title  to  said  four  sections  selected  by  the  Commissioners  of  the  State  of  Illi- 
nois was  declared  vested  in  the  State  of  Illinois. 

FOURTH:  An  Act  of  the  Legislature  of  the  State  of  Illinois  in  1839,  I 

declaring  the  title  to  the  plat  of  ground  in  Fayette  County  for  public  pur- 
poses. \ 

i 
i 


i 

:= 

♦  •>  ♦  ♦  *  *  *  •:•  ♦  •:•  ♦  •:•  <• »:« •>  •:«  <•  •:•  •:.  •>  •;•  •;• *  *  .5.  *  ; 


i*iiMimiMiiM»fiw'iiM(mii 


THE    FIRST    STATE    CAPITOL    OF  ILLINOIS— SOUTH     EXPOSURE. 
FROM  PHOTOGRAPH  APRIL  1st.  !'>U. 


If 

» 


THE    FIRST    STATE    CAPITOL    OF  [LTJNOIS-  BAST    EXPOS1   RE. 
FROM  PHOTOdRAPH  APRIL  1st.  10|J. 


THE    FIRST    STATE    CAPITOL    OF  ILLINOIS  -  NORTH   EXl'OSl'KE. 
PROM  PHOTOQRAPH  APRIL  1st.  IVIJ. 


T 1 1 10    FIRST    STATE    CAPITOL    OF  ILLINOIS— WEST     EXPOSURE. 
FROM  PHOTOORAPH  APRIL  1st.  1913. 


■ fWi/ii^i 


I 


I*' 


0   * 


ou"r     H0U3C.    «0M  ,*C.' 


PLAT  OF  THE  GROUNDS- SCALE  1  INCH  TO  50  FEET. 


% 


THE  BUILDING  AND  GROUNDS. 


tf^HE  four  views  in  this  booklet,  taken  in  April,  1913,  show  the  north, 
||  south,  east  and  west  exposures  of  the  building,  the  walls  of  which  are 
\  eighteen  inches  thick  from  ground  to  roof,  and  all  partition  and  division 
walls  are  thirteen  inches  thick,  all  on  a  stone  foundation,  constructed  in  the 
most  substantial  manner,  built  for  use,  and  situated  in  the  center  of  the  park 
of  ground,  320  feet  square,  filled  with  a  large  growth  of  forest  trees.  The 
building  is  in  a  good  state  of  preservation,  and  is  as  originally  constructed 
with  the  exception  that  the  large  brick  columns  that  supported  the  north 
and  south  porches  were  taken  down  in  1899  and  replaced  by  the  present 


iron  columns  and  structures  at  a  cost  to  the  county  of  over  $2000.00.    Two 


•  •"tl*l, (I, |l|,M,«l|,flw't|l<M't,MMM.rS(>t, (■•)!•, M,« |J*MI||*bnil'l|Haf*|/l| 


" '','" M.C,,..,!.,,!,,,.,,.!,,.,,.,.,,',," n„«|,MW.»,M M,,.,M„.,, ».••„«„.,„•,,»„.», ,, ,.„„ , ,.l( u i (M|) |yH „,,,, ,,„„,, (() 

large  vaults  constructed  of  reinforced  steel  and  cement  are  in  the  circuit  and 
county  clerks'  offices,  respectively,  each  of  which  vaults  is  equipped  with 
the  modern  Geo.  D.  Barnard  &  Co.  filing  boxes  and  shelving,  which  in  1903 
displaced  the  old  equipment  at  a  cost  to  the  county  of  $3000.00. 

The  park  or  grounds  is  surrounded  by  a  most  substantial  iron  fence 
four  and  one-half  feet  high,  at  a  cost  to  the  county  of  $3000.00.  The 
grounds  occupied  by  this  Court  House  Square  are  reasonably  worth  and 
would  sell  for  business  purposes  for  $75,000.00. 

We  have  caused  to  be  photographed  and  incorporated  in  this  booklet 
the  four  exposures  which  speak  for  themselves  as  to  the  present  condition 
of  the  building;  and  one  of  the  grounds,  drawn  to  a  scale,  one  inch  to  50 
feet,  showing  location  of  building  to  grounds,  and  the  relation  they  all  sus- 
tain to  this  historic  city. 


The  streets  surrounding  the  square  are  paved  with  brick  and  the 
building  has  adequate  sewerage,  city  water,  and  electric  lights.  The  fact 
that  this  structure  has  stood  the  ravages  of  time  for  all  these  years,  and  to- 
day is  in  almost  perfect  condition  of  preservation,  is  sufficient  to  commend 
itself  to  the  members  of  the  Legislature. 

The  interior  of  the  building  is  as  well  preserved  and  cared  for  as  the 
exterior.  We  have  not  been  able  to  procure  cuts  of  the  interior  views  but 
will  try  to  truthfully  and  correctly  describe  same  for  your  consideration. 

The  lower  half  of  the  building  is  divided  by  a  wide  hall  sixteen  feet  in 
width  running  north  and  south;  a  similar  hall  nine  feet  wide  divides 
the  building  east  and  west.  These  halls  divide  the  lower  floor  into  four 
large  rooms.  The  southwest  corner  room  is  now  occupied  by  the  circuit 
clerk's  office,  in  the  west  end  of  which  is  located  the  large  vault  heretofore 


■  "■t't.H.llt.tl  ,(•«,>«  |  (•  I I.<<>l'l.".)'l 


.' •..•....„...,«.,....•.. I »•".'■> ' ' IM>'M'«.'V»..1 •>,. ,•>,..„ ,,. ..„., '•„•>,•.,,.,.., ,.,,„„ eun.iii,. 

mentioned.  The  room  opposite  on  the  northwest  corner  of  the  building  is 
occupied  by  the  sheriff's  office.  The  room  on  the  northeast  corner  is  occu- 
pied by  the  county  treasurer's  office  and  the  records  of  same.  The  south- 
east  corner  is  occupied  by  the  county  clerk's  office  and  vault  heretofore 
\  mentioned  and  described. 

There  is  a  massive  stairway  from  the  lower  floor  to  the  second  floor, 
which  is  the  original  stairway  as  constructed  with  the  building.  From  the 
landing  at  the  top  of  said  stairway,  turning  west,  you  enter  what  was  the 
House  of  Representatives,  preserved  intact.  It  has  been  used  since  then  as 
a  court  room,  and  the  other  rooms  on  the  second  floor  east  of  the  stairway 
and  hall  was  the  Senate  Chamber,  which  has  been  cut  up  and  is  now  used 
by  the  county  superintendent  of  schools,  the  Board  of  Supervisors  and  jury 


p"M*tf*W*tjVM 


,'»,<•»,»*,,'», !»,, H,M,(* 


>i',i'*tiMil,»t"t/'l,'S/*l("t*,I.Mt,,t,**t,'ltl'MM,f«,*'l("»*,l."i(* 


rooms,  all  of  which  rooms  have  been  frescoed  recently  and  are  in  a  very  pre- 
sentable condition  today. 

There  are  two  large  porches  off  this  floor,  one  on  the  north  side  and 
the  other  on  the  south,  each  of  which  is  12  feet  wide  by  45  feet  long.  There 
are  large  and  modern  water  closets  in  the  basement  of  the  building  and  al- 
so suitable  water  closets  on  the  second  floor  for  the  accommodation  of  the 
court  and  court  officers. 

One  historic  and  memorable  fact  connected  with  this  legislative  room 
is  the  large  window  at  the  southwest  corner  of  the  room  and  of  the  building. 
It  was  out  of  this  building  that  Abraham  Lincoln  jumped,  whilst  a  member 
of  the  legislature  then  in  session,  in  order  to  defeat  a  quorum.  By  this  act 
he  broke  the  quorum  and  prevented  the  continuation  of  the  capital  of  Illi- 
nois at  this  place  for  another  twenty  years. 


»*».'M,t.«.CW"K*»»"»»'*.'*U*»»'»»**»«"»'*HM>',«,"w,ll»S»,»,",|'l,  f<|<'t,H(lM,",l>tl'tl|M 


W *" "'».'W«».M„.W^.M*„..,. I ,.,.M„.„Mt, ,.,, ,.„, l<(, „ nti Mi| 


< ".  1*1. " 


Whilst  history  records  the  fact  that  Lincoln  jumped  out  of  this  win- 
dow, the  fact  is  he  stepped  outside  of  the  window  and  stood  on  the  window 
sill  and  defied  the  clerk  and  sergeant-at-arms  to  count  him  present.  If 
Thomas  B.  Reed  had  been  the  presiding  officer  he  would  have  applied  the 
rules  that  gave  him  the  name,  Czar,  and  counted  Lincoln  present  on  the 
proposition  that  he  could  not  be  absent  for  cussedness  and  present  for 
business. 

It  is  also  a  historic  fact  that  within  this  legislative  hall  in  1832,  that 
the  magnificent  City  by  the  Lake  was  granted  her  first  village  charter. 

These  are  but  a  few  of  the  many  historic  incidents  that  link  this 
building  and  this  old  town  into  the  chain  of  history  of  this  great  state. 


<" " 'W* •<,<•*, M.fS,  (!,<■»,  Mtjl(,Mlffc 


THE  SUPREME  COURT  OF  ILLINOIS. 


l  <^HE  constitution  of  1818  provided  that  the  Supreme  Court  should  consist 

■'\P;  of  a  Chief  Justice  and  three  Associate  Justices,  with  authority  to  the 
'^  General  Assembly  to  increase  the  number  after  1824.  They  were  ap- 
pointed "by  the  General  Assembly  by  two-thirds  vote  of  each  house"  and  the 
Justices  so  appointed  were  to  hold  office  until  January  1,  1824.  The  Court 
was  organized  by  the  appointment  by  the  Legislature  October  9,  1818,  of 
Joseph  Phillips,  Chief  Justice,  and  Thos.  C.  Brown,  John  Reynolds  and  Wil- 
liam P.  Foster  as  associates.  Foster  resigned  June  22,  1818,  never  having 
taken  his  seat  as  a  member  of  the  court.  It  has  been  stated  that  he  was 
not  a  lawyer  and  was  uneducated,  but  that  he  was  a  man  of  fine  personal 


''""" "'""" "''' ""''•  "»'"■"" '''"•• '•l,«.".«,li".l'll  'Ul>bllllHlllllHillU<llH||>kl<ll>llllU<l)><l|<l)l<ll>»Hi(l||M|t>l|H.Ml^<Ull|'<im<M||l|lllil>l.ll '"il'li"ii'VVi'i,M,, .„,.,,.„,,,,■*,,.,,• VuM.i',, t,l'liM,l>u>l,i>i|f«f 


f,tt'nj*l('*il'ti"t»*ti'Sl>ta'M>li'>tf<|("i(>t.>tl|<|t It'Mlnll.HlfldHltM.flKM.IluM.fMtMtt'ltMif'ti'l.flKHW'IfH^lt.L 


appearance  and  attractive  manners.  William  Wilson  was  appointed  in  Fos- 
ter's place  August  7,  1819.  At  the  session  of  the  General  Assembly  begun 
on  the  first  day  of  January,  1824,  Wilson  was  elected  by  the  General  Assem- 
bly Chief  Justice  and  Thos.  C.  Brown,  Samuel  B.  Lockwood  and  Theopholis 
W.  Smith  were  elected  associate  justices. 

A  term  of  the  court  was  held  in  December,  1819,  and  another  in  July 
1820,  in  Kaskaskia.  Five  opinions  are  reported  in  Breeze's  Reports  as  filed 
at  the  first  term  and  six  at  the  second  term.  The  first  term  held  in  Vandalia 
was  in  December,  1820,  and  thereafter  the  court  was  held  in  Vandalia  until 
December,  1838. 

At  that  time  the  court  had  very  little  statutory  law  to  guide  it  as  the 
organization  of  the  court  and  of  the  first  state  legislature  were  substantially 
concurrent  events.    After  the  construction  of  the  State  Capitol  building  the 


I'k,'*, lU.'t, i*i,i*l4,\,'t,ti 


ttM,#N,'(i»\,N,ftw<l,"i*'|,'S(* 


Supreme  Court  moved  into  and  continued  to  hold  its  sessions  therein  until 
the  capital  was  moved  to  Springfield,  where  the  first  term  of  court  was  held 
in  July,  1839. 

The  Supreme  Court  of  that  day  apparently  had  abundant  time  for  the 
preparation  of  their  opinions.  There  were  few  of  them  as  compared  with 
any  of  the  periods  since,  as  all  of  the  opinions  filed  by  this  court  during  the 
period  from  1820  to  1838  could  easily  be  bound  in  one  volume  of  our  present 
supreme  court  reports;  and  that  they  did  have  this  time  is  demonstrated  by 
the  historic  fact  that  by  the  laws  of  the  State  of  Illinois  of  1827,  page  119, 
Sec.  4,  the  legislature  at  this  time  legislated  out  of  office  all  of  the  circuit 
judges  of  the  state  of  Illinois  and  for  two  years  there  was  not  a  circuit  judge 
on  the  bench  in  the  state  and  the  Supreme  Judges  assigned  themselves  to 
circuit  work  as  follows:  First  Circuit,  Justice  Lockwood;  Second  Circuit, 
Justice  Smith;  Third  Circuit,  Justice  Browne;  Fourth  Circuit,  Justice  Wilson. 


.(M.'SrS'N.M.I'MM.'l./Ml^'l.l^/M.M.I.ilMMMrMu  "uMl'»,|'|,M„'l.f 'ir'1,»'|('l,f«|,M,f'||'M«(,M,*»||M,l«t.'V; 


ft.'M,ti'S«'»(»*.#M.'M,»i'«»#,»i'S» ti'ti'M'lt ii'i,i<ii'lli'ti>l|)')i>l,i>i)>1lj>t<>lii<t>M|i 


This  is  the  first  judicial  recall  known  to  this  country  and  especially  to  Illinois. 

The  decisions  of  this  court  during  this  formative  and  constructive 
period  were  carved  out  through  the  forests  of  unwritten  law  and  blazed  the 
way  so  well  that  few  of  the  opinions  then  filed  have  been  modified,  distin- 
guished or  overruled. 

It  is  not  the  purpose  of  this  pamphlet  to  do  more  in  this  connection 
than  to  merely  call  attention  to  the  fact  that  the  Supreme  Court  for  eigh- 
teen years  held  its  sessions  in  the  building  which  it  is  hoped  will  be  pre- 
served by  the  State  on  account  of  the  historical  events  of  our  State  associ- 
ated with  it.  Those  eighteen  years  were  rich  in  Illinois  history  and  the 
highest  branch  of  the  judicial  department  of  the  State  contributed  its  share 
thereto.  Surely  the  building,  hallowed  by  such  memories,  is  worthy  of  pres- 
ervation by  the  State. 


'«,-•».",,■„",, n,n,,«. 


I, («,,  ■  I.  ' •>,•>..',, ,,'  I,.  ',,■.,'•,  ■•!,•■,. '1, I 'l, M,. ',, I  I  ,,. ,,. I,  ,  I,,  M  ,,,■,,-■,,-, 


THE      LEGISLATURE. 

The  Legislature  of  the  State  of  Illinois  convened  in  Vandalia  in  1819, 
and  remained  here  until  1839,  a  period  of  20  years. 

We  find  from  the  inscription  on  a  monument  standing  at  the  entrance 
to  South  Hill  Cemetery,  the  following: 

"In  memory  of  Wm.  M.  McHenry,  a  member  of  the  House  of  Representatives  from  > 

White  County,  died  in  Vandalia  January,  1825."  :- 

"In   memory  of  John  B.  E.  Canal,  a  Representative  from  Madison  County  to  the 
General  Assembly  of  Illinois,  died  at  Vandalia,  December  31, 1830."  -. 

"In  memory  of  John  Thompson,   a  member  of  the  House  of  Representatives,  who  } 

died  at  Vandalia  in  the  winter  session  of  1836."  \ 

"In  memory  of  Benjamin  A.  Clark,  a  member  of  the  House  of  Representatives  from  > 

Wayne  County,  died  at  Vandalia,  June  7,  1836." 

"In  memory  of  Alexander  F.  Grant,  Circuit  Judge  of  the  Third  District,  born  in  I 

Iverness,  Scotland,  March  27,  1805,  died  in  Vandalia  June  12,  1836,"  ; 

In  addition  to  the  capitol  building,  we  have  with  us  the  graves  of  the 


above  named  members  of  the  legislature,  and  also  the  grave  of  one  of  the 
circuit  judges  of  this  district.  Those  graves  are  carefully  preserved  and  kept 
and  their  final  resting  place  marked  with  a  modest  stone  upon  which  the 
above  inscription  appears;  a  further  evidence  that  the  good  people  of  Fay- 
ette have  discharged  their  whole  duty  toward  both  the  old  capitol  building 
and  the  graves  of  those  who  died  while  serving  in  it. 


♦<*  *  •>  ♦  ♦  •>  •!•  •>  »>  •>  •>  •>  ♦  ♦  <•  ♦  •>  <•  •!•♦  »>  ♦  #  ♦  ♦ 


■-'•..•t.<i.«'i.<'.,.<.»-.,..,»<.,.t,<i.(.t.««.j«i.it..«i..I.Iii.-<«,|.l;i..(.,.M1i  =  i,.l..'<1.  ••..•«.<«..■«.. f<,;>(,»i,ll.l'.il|.HiJ'llllil'l,l>„ ......•■."..•<„l'.,'l,il„H,|iii'l.l*,ill,>' il„'l,ri,i'ii".i'liiHiMI"li'V,l>n'i,»1i'.i'V,i'\,-ii"."il,>,i nM.nuM.nu 


r't.»M«l,'M't(  '..,■• 


"H'l. »»„•(,». „.,,.,,,• 


FIRST  CAPITOL  BUILDING  OF  THE  STATE  OF  ILLINOIS. 

glHALL  it  be  preserved  and  perpetuated  and  the  memory  of  its  early  his- 
CJ  tory  and  those  who  contributed  to  make  it,  be  rescued  from  oblivion, 
or  shall  it  cease  to  exist  and  its  precious  memory  be  forgotten  forever? 
The  first  capitol  building  of  the  State  of  Illinois  was  built  on  its  present  site 
in  the  City  of  Vandalia  in  1822,  and  now  stands  in  the  midst  of  a  park  some 
320  feet  square.  It  is  a  plain  two  story  building,  constructed  of  brick,  with 
heavy  walls  built  to  stand  the  waste  of  time,  and  is  now  a  sturdy,  old  fash- 
ioned building  encrusted  with  the  rust  of  antiquity.  It,  with  the  plot  of 
ground  on  which  it  stands,  was  donated  by  the  State  of  Illinois  to  the  Coun- 
ty of  Fayette  in  1839.    This  capitol  building  has  been  used  jointly  by  the 

• '"' ''""'''' ""•"''' "" »ii'l.>'ll Ill .>.!•. ll.iit.it,,-, „„ KlthrflllM liKUMlKll'lil llMM.nutlMH'tafHmin , „„„,„, , 


ft.'t. *■!,'»,  I'l.l 


County  of  Fayette  as  originally  organized,  and  the  State  of  Illinois,  up  to 
1839,  and  since  by  the  present  County  of  Fayette,  for  court  house  purposes. 
It  has  become  inadequate  for  court  house  purposes,  largely  for  lack  of  room. 
The  accumulated  records  and  files  of  Fayette  County  from  its  creation  to 
the  present  time  have  been  carefully  cared  for  in  the  vaults  and  rooms  of 
the  building,  are  crowding  out  and  demanding  additional  space  for  their 
preservation,  and  we  have  reached  a  time  when  we  must  either  build  ad- 
ditional vaults  and  store  rooms  for  the  preservation  of  its  ancient  records 
and  files,  or  build  anew  for  our  present  use. 

The  good  people  of  Fayette  County  are  forced  to  build  a  new  court 
house  elsewhere,  or  raze  this  old  historic  structure  to  the  ground.  Feeling 
that  if  we  do  the  latter  the  people  of  the  State,  and  particularly  those  who 
now  reside  in,  and  are  connected  with,  that  portion  of  the  State  formerly 


t*»,r».*'.»*H»«,(-».'M,»*.",  I'll  •>,(•» 't.'M't,'* »1, f,,M,('t, '»,(•!, It, | '»iH,(S,",*'l,'"tt't.» 


Fayette  county,  and  having  such  interest  in  this  grand  old  structure,  would 
regret  the  destruction  of  the  building,  and  with  it  the  archives  and  historic 
memories  of  the  memorable  scenes  begun  and  enacted  in  it.  It  was  here 
that  the  sons  and  daughters  of  young  Illinois  met  almost  in  the  primeval 
forest  to  array  her  in  her  robes  of  state,  and  right  proudly  has  she  worn 
them.  It  was  within  these  old  walls  that  her  second  governor  in  1822-23 
snatched  the  young  state  from  the  slave  power  and  dedicated  her  to  free- 
dom. Governor  Nathan  Coles,  himself  a  Virginian,  a  southerner  by  birth, 
education  and  association,  formerly  the  private  secretary  of  President  Madi- 
son, in  the  memorable  years  of  1822-23,  when  the  legislature  of  the  State  of 
Illinois  was  pro-slavery  and  desperately  determined  to  force  Illinois  into  the 
group  of  slave  states,  by  almost  superhuman  power,  this  old  patriot,  around 
whom  the  anti-slavery  party  of  Illinois  rallied,  defeated  the  slave  power,  and 


."..'i." •^'^.'^J%"iiMjt^M|M,iM,n.»M,Mt(M*«.#N.MHMi'MlMj»im.>M«MiMtjM,»^ •».»•. i'«,r«ii'»,M,i'i,M,i 


'*'■•'•' »•  "»''•  ''»••>•"••  'li''l. '•t.M,*'|iMMl't,»,»'l,M,,-,,..|,.t,M,(',,»l,r  »«4('»,«,»»»,M,,«|(.»,, .»,.,,, •,lM1»'i,M,,.,,..,(.,,M,,.»t».,, .,,..,,.,,»«, !•»,».„■  »»'l.|<|lM1»i„M.MuM.J'((>l1»>|.'t,l'l,"t,Ci I.M.f •|,M,,<t,M.fM I.M,|«|^ 


it  was  through  him  and  his  efforts  that  Illinois  remained  free.  We  challenge 
all  history  for  a  single  deed,  fraught  with  greater  importance  for  humanity, 
furnishing  the  inspiration  for  David  Blackwell,  editor  of  the  Vandalia  "Intel- 
ligencer", the  fire  brand  of  the  anti-slave  party  in  1822-3,  Elijah  P.  Lovejoy 
at  Alton  in  1837,  and  the  subsequent  career  of  Abraham  Lincoln. 

It  was  here  that  the  great  system  of  judicature  was  established  and 
put  into  operation  and  that  system  has  borne  the  test  of  time.  It  was  with- 
in these  walls  that  the  legislative  body  of  the  state  made  and  wrought  high- 
ly and  well  for  the  then  present  and  future  glory  of  this  great  state.  The 
voices  of  its  members  no  longer  echo  through  its  halls  and  corridors  but 
their  influence  is  bound  up  in  the  volumes  of  our  laws  and  is  manifested  in 
the  vast  development  of  our  state.  'Twas  here  in  these  old  walls,  when 
they  were  new  and  young,  that  these  young  knights  of  pluck,  ambition  and 


t"i**l»' l't.M.**ti» 


»*»•'»•#*»• i«"t 


patriotism  first  put  on  their  spurs;  many  of  them  became  men  of  nation-wide 
fame,  and  some  whose  fame  is  bordered  only  by  the  world's  civilization. 

Shall  Shadrick  Bond,  Nathan  Coles,  Ninian  Edwards,  Pierre  Menard, 
John  Reynolds  and  Nathan  Pope,  as  governors,  be  forgotten,  and  the  place 
of  their  services  be  torn  down?  Shall  the  court  room  where  first  sat  our 
supreme  court  be  permitted  to  crumble  to  dust?  Shall  the  place  of  assembly  of 
the  law  making  power  where  wrought  such  men  as  Abraham  Lincoln,  Stephen 
A.  Douglas,  John  Thomas,  Silas  Kent  Kane,  Joe  Gillespie,  Daniel  P.  Cook, 
Aaron  Gridley,  Fields  Ewing  Roberts,  Morris  Beck,  David  Blackwell,  George 
Churchill,  Samuel  D.  Lockwood,  Thomas  Lippincott,  Harper  Warren,  George 
•  Farquar;  Thomas  Mother,  Ossian  M.  Ross  and  others  cease  to  exist,  or  shall 
we  of  this  generation,  in  commemoration  of  the  deeds  they  wrought,  pre- 
serve this  historic  building  as  a  monument  to  their  memory,  for  its  influence 
on  the  coming  generations? 


"''•""''•"''''•' ' ".<•«.••.»■•.".. .'«.»«. •l,>l"ll,l,l'll'l1P>|,l,,M,|l|,ll,,.1,,1|lM|,,1|,,lhl|,,,llb,l,,,11l,1|,,,|,|,,l|,|,,..1|,1|M|1,|l,,lli,l;j11)lli,,bl„_,1>il|.|lb)„i,>li,11)ll ,„.,„„,.,,„„.„„„„,,.„.,.,., „• 


?  s 

I 

j  48th  G.  A.                         HOUSE  BILL  No.  548                                  1913 

-|  [Senate  Bill  No.  424]                                                                                   \ 

>  Introduced  by  Mr  Arthur  Roe,  April  16,  1913. 

>  Read  by  title,  ordered  printed  and  referred  to  Committee  on  Appropriations. 

I  A  BILL                                                               j 

^  For  an  Act  to  purchase  and  maintain  the  old  capitol  building  and  grounds  at  Vandalia,  and  to  make  an 

?  appropriation  therefor. 

>  Whereas,  The  State  Capitol  was  located  in  Vandalia  for  the  period  of  twenty  years  from  1820 
l  to  1840;  and 
'{  Whereas,  The  old  building  used  as  a  capitol  by  the  State  and  the  grounds  are  still  in  existence  in 

>  their  original  form;  and 
I  Whereas,  It  is  desirable  that  this  building  and  grounds  be  maintained  and  kept  by  the  State  as  a 

memorial  of  the  history  of  our  State  during  that  formative  period  of  our  history,  and  that  the  building  be  not 

>  permitted  to  be  torn  down  or  destroyed;  therefore, 

i  Section  1.    Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the  General 

I  Assembly:    That  the  Governor,  Secretary  of  State  and  Auditor  of  the  State  of  Illinois,  and  three  citizens  to  be 

I  appointed  by  the  Governor  to  serve  for  a  period  of  four  years,  and  until  their  successors  are  elected  or  appoint- 
ed and  qualified,  two  of  whom  shall  be  citizens  of  Fayette  County,  all  to  serve  without   remuneration,  shall 

i  constitute  a  board  of  trustees,  and  by  the  name  and  style  of  "The  Old  Capitol  Trustees"   shall   have   power  to 


-: 


••'*«- •»..<..•> ..».. UUWl ..»..'I..>.,M. ■... „•., ",,.„„,,.„ .,., ,.„ m.i'i.m.c.ii.ci.iVi, I,  „.,.,  „  ...  „  ,„  „    „  , , , 


receive  a  conveyance  from  the  County  of  Fayette  of  that  certain  block  of  ground,  together  with  the  buildings 
thereon,  constituting  the  present  site  of  the  old  capitol  building  and  grounds  at   Vandalia,   Illinois,  but  at  a 

3  price  not  to  exceed  the  sum  of  seventy  thousand  dollars  ($70,000.00);  and  to  hold  the  same  in  perpetuity,  but 

in  trust  for  the  State  of  Illinois.  And  that  said  old  capitol  buildings  and  grounds  shall  be  forever  kept  in 
good  repair  and  free  of  access  to  the  public,  under  such  regulations  as  said  trustees   may  deem  wise  for  the 

{:  proper  preservation  of  the  property  aforesaid. 

Sec.  2.    Said  board  shall  have  full  authority  over  and  control  of  said  property;  shall  have  power  to 
=!  make  contracts  with  reference  to  the  proper  care  and  custody  thereof;  of  all  such   articles   personal   property 

connected  with  the  early  history  of  the  State,  or  such  other  articles  of  antiquity  or  curiosity  as  may  there   be 
i  collected,  and  with  reference  to  the  restoration  and  proper  care  of  said  property;  to  the  employ  of  a   suitable 

>  person  to  care  for  the  same  and  exhibit  it  to  the  public,  and  in  said  name  and  style  may  sue  in   reference   to 

;  any  matters  pertaining  to  the  powers  and  trusts  hereby  created. 

I  Sec-  3-    Tnere  is  hereby  appropriated  the  sum  of  three  thousand  dollars  ($3,000.00),   or  so   much 

^  thereof  as  may  be  necessary,  to  defray  the  expenses  of  purchasing  said  premises  and  employing  a  custodian 

and  carrying  out  the  purposes  of  this  Act  for  the  period  of  two  years  after  the  approval  of  this  Act,  to  be  paid 
out  of  the  moneys  of  the  treasury  of  the  State  not  otherwise  appropriated,  on  warrants  of  Auditor  upon  the 

\  Treasurer,  approved  by  the  Governor,  on  the  direction  of  a  majority  of  said  board,  from  time  to  time  as  the 

\  same  may  be  required  for  the  purposes  of  this  Act. 

Sec.  4.    Said  board  shall  report  to  each  General  Assembly  before  the  20th  day  of  each  regular  session, 
a  detailed  account  of  all  their  transactions  and  of  all  expenditures  made  by  them,  and  also  recommendations 
•  as  they  may  deem  proper  for  the  consideration  of  the  General  Assembly. 


!»'• I.M. (•.»'. .l«»i'I.M,."l,l«,» U t. •!.*"», >t,»»|,M,|«|,M1l't.M M. „',, ■«,,.,,. I,, >|, ••,,•,,>!, * if <  M,«>|, '«,<•(,'. '«,!•), M.I'ti'St'lt'M'^'M'ti'SfM, '*,,•«,'<, .•(.'•.f'l.fSl't.H   III   It   H.   I. ■■ 

j  M   m     »   u  1,1   t,n,i   U   |(|   „   |,i   KM, Ml(»l, l"|, M.(it,'«,»i|, »»,,«», «!,*«», •»,*■»,«»■*'»,«,.«». I 


*= 


COMMITTEES. 


BAR  ASSOCIATION 

John  A.  Bingham,  Chairman 

William  H.  West,  Secretary 
George  T.  Turner 

John  J.  Brown 

Beverly  W.  Henry 

Francis  M.  Guinn 


BOARD  OF  SUPERVISORS 

Rodey  Kelley,  Chairman 

Adolph  Ambuehl 

E.  B.  Reeves 


